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(영문) 인천지방법원 부천지원 2021.03.10 2020고단3383
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant received a disposition to forward the case to the Juvenile Department due to a violation of the Road Traffic Act (drinking driving), etc. from the District Court of Jung-gu.

On July 31, 2020, the Defendant driven a D-to-purd vehicle with alcohol concentration of about 0.038% in a section of about 20 meters from the 20-meter side of the building C from the Dacheon-si B store around 00:28 to the roads adjacent to the B building C.

Summary of Evidence

1. Previous convictions of the defendant's legal statement made by the defendant, a report on the circumstances of drinking alcohol, and a judgment on site photographs as a result of crackdown on driving alcohol: Application of inquiry letter, such as criminal history, and investigation reports (related to the suspect A

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order requires a strict punishment in consideration of the social danger and harm of the crime threatening the life and body of the person in question.

As a social request for eradicating the harmful effects of drinking driving, the current Road Traffic Act has greatly strengthened the control standards and statutory punishment.

Although the defendant received juvenile protective disposition for the same crime, it is highly likely that the same crime is committed again at once.

However, under favorable circumstances, the Defendant’s age, occupation, family relationship, sexual conduct, environment, motive leading to the instant crime, circumstances after the instant crime, etc., and all of the sentencing conditions revealed in the trial process shall be determined by taking into account the fact that the Defendant was aware of and against the commission of the crime, and by taking into account the following factors, the sentence identical to the order shall be imposed only once.

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